Madras High Court

Madras HC: Dental Clinic's Operation in Residential Area Upheld

Updated
Jan 15, 2026 3:04 PM
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Summary: On December 16, 2025, Judge S. Sounthar of the Madras High Court rejected a request to stop a dental clinic from operating in a residential apartment in Chennai. The case focused on whether the clinic could run in an area meant for both homes and businesses.

Roshan Dominic Jude Rayen and Lourdes Joavani vs. Bala Rajeswari

Roshan Dominic Jude Rayen and Lourdes Joavani wanted to change an earlier court decision. They aimed to prevent Bala Rajeswari and others from using their apartments for business, specifically as a dental clinic.

What's the Fuss About?

Bala Rajeswari and others wanted a permanent order to stop Roshan and Lourdes from using their apartments for business activities like running a dental clinic. They also wanted the removal of medical equipment and anything blocking shared areas.

"The building was meant for living, and Roshan and Lourdes weren't allowed to turn it into a business space."

Roshan and Lourdes' Argument

Roshan and Lourdes argued that the area was meant for both living and business purposes. They believed this allowed them to run a dental clinic. They also mentioned a previous court case (W.P.No.21469 of 2025) they thought supported their argument.

Court's Take

Judge S. Sounthar disagreed. He said that just because an area is for mixed use doesn't mean buildings meant for living can automatically be used for business. The court said there needed to be proof about what the building was meant for.

"The court cannot just assume that all buildings in a mixed-use area are meant for both living and business."

Previous Legal Battles

Roshan and Lourdes mentioned an earlier court case where they asked for permission to change the building's use to include a clinic. However, the court explained that this earlier case didn't solve the current issue.

Final Decision

The court rejected the request, saying the arguments didn't meet the requirements to cancel the original decision. The decision stressed the need for clear proof to decide how the building should be used.

"The claim by Roshan and Lourdes that they have been running the clinic for the past 15 years needs evidence."

What's Next?

For now, the dental clinic can keep operating while the main questions about how the building should be used are still being worked out. The case shows how complicated zoning laws can affect how properties are used in Chennai.

Tags:
Property Rights
Zoning Laws
Commercial Use